Babbacombe Bay Hotel

33-35 Babbacombe Downs Road, Torquay, Devon, TQ1 3LN

Completed application 035248 which is a Internal Amendment/Variation for Premises Licence from 20/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for dancing
• provision of late night refreshment
• a performance of live music

Additional Conditions

•  

  ANNEXE 1

   

   

   

•  

  MANDATORY CONDITION:  WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)       No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where there is no designated premises supervisor in respect of the premises licence , or
   

  ()        at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.

   

  2)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  3)                            (1)  The responsible person shall take all reasonable steps to ensure that staff on relevant  premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

                              (2)   In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to -

   

                              (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

   

                        (ii)   drink as much alcohol as possible (whether within a time limit or otherwise);

   

                            (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the  vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti social behaviour or to refer to the effects of drunkenness in any favourable manner.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                       (2) The policy must require individuals who appear to the responsible person to be under 18 years of  age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

   

  7)              The responsible person shall ensure that -

   

                            (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures     -

   

                                (i) beer or cider: ½ pint;

   

                                (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

   

                                (ii) still wine in a glass: 125 ml; and

   

                (b) customers are made aware of the availability of these measures.

   

  8)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

• Additional Conditions transferred from Full On Licence

   

  1.              The sale, supply and consumption of alcohol in the outside terraced area should be by way of waiter/waitress service, to persons seated at tables and no alcohol shall be               consumed in this area from glass bottles.

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

   

•  

  General

   

  1.              Alcohol shall be sold and supplied to residents of the hotel and to those persons attending pre-booked functoins and to those persons attending the hotel's dining room or bar.  Alcohol shall also be sold to guests of the residents.

   

  2.              Maximum occupancy shall not be exceeded.

   

  3.              All entertainment and the general running of the hotel shall be such to ensure that residents sleep well and are comfortable with the hotel and therefore return to it on a regular basis.

   

  The Prevention of Crime and Disorder

   

  1.              Sufficient numbers of members of staff including night porter and bar staff shall assist in the orderly conduct of patrons at the hotel.

   

  2.              Alcohol must not be sold or supplied to any persons under 18.

   

  3.              An incident book and recorded details of all incident or public disorder shall be kept.

   

  4.              Staff shall be trained to be vigilant to ensure that drugs do not become an issue.

   

  Public Safety

   

  1.              The fire safety measures with which the premises are provided, shall be maintained in good working order and their adequacy shall be determined on a regular basis by the carrying out of a fire risk assessment as required by and in accordance with the fire precautions (workplace) regulations.

   

  2.              The licencees shall undertake to maintain a safe level of occupancy.

   

  3.              All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.

   

  4.              Means of escape shall be maintained, unobstructed, immediately available and identifiable.

   

  5.              Exit doors shall be regularly checked to ensure they function satisfactorily.

   

  6.              Records of these checks shall be kept and produced on request.

   

  7.              Any removable security fastenings shall be removed whenever the premises are open to the public or staff.

   

  8.              All gangways, exit routes and steps shall maintain non-slippery and even surfaces.

   

  9.              All floor coverings shall be secured and maintained so they will not ruck.  Mats shall be fitted into mat wells so as to be flush with the floor's surface.

   

  10.              Hangings/curtains and temporary decorations shall be maintained in flame-retardant condition.

   

  11.              Upholstered seating shall be fire-retardant and shall comply with current fire safety regulations.

   

  12.              Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire fighting equipment.

   

  13.              Fire safety signs or fire fighting equipment notices detailing any actions to be taken in the event of fire or other emergency shall be properly displayed and maintained in good condition.

   

  14.              Access shall be provided for emergency vehicles and this access shall be kept clear and free from obstruction.

   

  15.              An evacuation policy shall be in place and to the satisfaction of the fire authority.  All staff members shall be trained in the evacuation policy.

   

  16.              Exit doors shall open outward (or shall be secured in the open position).

   

  17.              Fire alarms, fire fighting equipment shall be serviced and tested annually by an approved contractor.

   

  18.              The electrical system, including portable appliances, shall be inspected and tested annually by a competent person to ensure safety.

   

  19.              Where temporary electrical equipment is to be used, a suitable circuit breaker device shall be installed to cover this equipment. 

   

  18.              Temporary electrical wiring and distribution systems shall not be installed unless inspected by a suitable qualified electrician.  Temporary electrical wiring and distribution systems shall comply with BS 7671 and where applicable BS 7909.

   

  19.              When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.  Review and assessment of accessibility in line with the Disability Discrimination Act shall be complete and kept on the premises.

   

  20.              There is adequate sanitary accommodation currently and this shall be maintained.

   

  21.              The licensees shall ensure that at all times there are adequate first aid arrangements.  The arrangements for first aid provision include a first aid box, an adequate and appropriate supply of first aid equipment

   

  22.              Gangways, exit routes and steps shall be maintained in good order with non-slippery surfaces; edges of steps and stairwells shall be conspiciously marked.

   

  23.              Where glazing forms part of windows, walls or partitions below waist height, it shall be constructed of safety materials.  Where glazing forms part of a door or side panel at below shoulder height, it shall be constructed of safety materials.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              All external doors and windows shall be kept shut where possible, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise are taking place.

   

  3.              An announcement shall be made prior to closing requesting patrons' co-operation in leaving the premises and vicinity as quietly and quickly as possible.

   

  4.              Staff shall check prior to entertainment, periodically and during entertainment, that noise emanation is as low as possible.

   

  5.              A senior of member of staff shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertiament and periodically throughout the activity/entertainment.

   

  6.              Provision of mechanical ventilation and air conditioning systems shall not allow noise breakout from premises or cause a nuisance by its operation.  Where plant and machinery has the potential to cause a noise problem it shall be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties.  Alternatively, or additionally, control mesures such as acoustic enclosures, acoustic louvers, silencers, or accoustic screening shall be considered.

   

  7.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  8.              Non amplified music shall only be played outdoors in the summer and restricted to a terminal hour of 23.00 hours.

   

  9.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  10.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  11.              The movement of bins and rubbish outside the premises shall be kept to a minimum/prohibited after 5pm.

   

  12.              Bins shall have lids to ensure that rubbish does not pollute as a result of wind disturbance.

   

  The Protection of Children From Harm

   

  1.              The entertainment provided shall be of a family style entertainment.

   

  2.              Children shall accompany their parents to the hotel.

   

  3.              No person under 18, save as with the exceptions contained within the Licensing Act 2003, shall be permitted to consume alcohol.

   

   

   

  .             

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  None

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.